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2016-046C
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2016-046C
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Last modified
10/17/2016 2:23:56 PM
Creation date
8/8/2016 11:17:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/22/2016
Control Number
2016-046C
Agenda Item Number
9.A.
Entity Name
AIRBNB Inc.
Clerk of Court
Subject
Tourist Development Tax Collection
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(G) With respect to any audit of completed Booking Transactions that are subject to this <br />Agreement during any period in which it is effective, the 'Tourist Tax Collector agrees to audit <br />Airbnb on an anonymous numbered account basis. The Parties agree that Airbnb shall not be <br />required to produce any personally identifiable information relating to any Host or Guest and/or <br />relating to any Booking Transaction in connection with an audit or otherwise without binding <br />legal process served only after completion of* such audit by the Tax Department of Airbnb with <br />respect to such Host or Guest. Tile Tourist Tax Collector agrees that 1`or TDT purposes, it will <br />limit its audit of Airbnb and/or any assessment against Airbnb for alleged under collection of <br />TDT to no more than a consecutive twelve (12) month tax period within any consecutive forty- <br />eight (48) month period. <br />(H) The Tourist Tax Collector agrees that pursuant to this Agreement and during the <br />period in which it is effective, Airbnb agrees to register as a Dealer for the reporting, collection <br />and remittance of TDT, in connection with its obligations assumed under the Code and as set <br />forth in this Agreement. Registration with the Tourist Tax Collector and the issuance of any <br />certificate of authority will be in the name of Airbnb, Inc. at 888 Brannan Street, 411 Floor, San <br />Francisco, CA 94103. Airbnb, Inc. will be the registered taxpayer on behalf of any subsidiary or <br />affiliate of Airbnb, Inc. collecting TDT from Guests. <br />GUEST AND HOST LIABILITY <br />(I) During any period in which this Agreement is effective, and solely with respect to a <br />Host's activity on the Platform, said Host shall not be required to individually register with the <br />Tourist Tax Collector to collect, remit and report TDT, under the Code, on the condition that <br />Airbnb is in compliance with its obligations under this Agreement and the Code. Nothing in this <br />Agreement shall relieve Guests or Hosts from any responsibilities with respect to TDT, including <br />any obligation to register with the Tourist Tax Collector to collect, remit and report TDT for a <br />user's transactions completed through any means, method, device or platform other than the <br />Platform, or restrict the Tourist Tax Collector from investigating or enforcing any provision of <br />applicable law against such users for any occupancy arranged directly or through a means other <br />than the Platform. <br />(J) Nothing herein shall relieve any Guest or Host of liability for TDT imposed by the <br />Code, except as noted in paragraphs (E) (F), (G), (H), (1) and (K) herein, nor limit the Tourist <br />4 <br />
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